Lifts Inspections Service

Inspection of Lifts Regulation LN 231 of 2007

The Terms and Conditions of Service provided in this document shall be carefully read before using the lifts inspections service (as per LN 231 of 2007) provided by S&A Quality Assurance Surveyors Ltd therein after referred as "us", "we", "our" or “organization”.

These Terms and Conditions contain legally enforceable commitments with our customers.

These Terms and Conditions apply to all customers who make use the lift inspection service.

The use of this service is conditioned on acceptance of and compliance with these terms and conditions.

By using the lift inspections service customers agree to be bound by these Terms and Conditions. In case of disagreement with any part of the terms and conditions, customers may not make use of this service.

1. Terms and Definitions

In some cases, terms and definitions used in this document are defined in the legal notice LN 231 of 2007.

‘ACAB’ stands for Authorised Conformity Assessment Body

‘Customers’shall mean individuals or organizations who make use of our Lifts Inspections Service with obligations defined under ‘Responsible Person’ in LN 231 of 2007.

‘GDPR’ stands for General Data Protection Regulation (Reg EU 2016/679).

‘LN 231 of 2007’ is the Inspection of Lifts Regulation.

‘NAB-MALTA’ is the National Accreditation Body of Malta.

‘Maintenance Contractors’ shall mean organizations that carry out maintenance on lifts who may be engaged by the ‘Responsible Person’ to ensure inspections are done as part of maintenance contracts.

2. Lifts Inspections Service

The organization provides lifts inspections as established in legal notice LN231 of 2007. Two types of lifts inspections are provided:

• Preventive Inspections – These inspections shall be carried out on a six-monthly basis on workplace lifts and on a yearly basis on residential lifts. This type of inspection “includes as a minimum, all inspections set out in Schedule III in LN 231 of 2007 and is intended to check the proper functioning of the safety features of the lift and detect any defects that develop during the use or misuse of the lift”. (quote extracted from LN231 of 2007)

• Thorough Examinations – These examinations shall be carried out every 6 years on workplace lifts and every 10 years on residential lifts. This type of examination “means a systematic and detailed examination of the lift by an Authorised Conformity Assessment Body (ACAB) according to regulation 6 of these regulations, with the aim of improving the safety of the lift as far as is reasonably practicable taking into account the principles in the Annex to the Recommendation set out in Schedule I to these regulations and to current safety practice.” (quote extracted from LN231 of 2007)

Technical definitions and terminology are provided in the legal notice LN 231 of 2007.

S&A Quality Assurance Surveyors Ltd is an Authorised Conformity Assessment Body (ACAB) by MCCAA and is accredited against International Standard ISO17020:2012 by NAB-MALTA to provide this service. The service consists of an on-site visit by one of our lift inspectors during which the lift/s are inspected against the requirements established in LN 231 of 2007 and related lifts standards identified in the legal notice. Following the inspection, an inspection report is issued as per LN 231 of 2007. It provides information on compliance and non-compliance with the requirements.

3. Request for service and Invoicing

3.1. As per legal notice LN 231 of 2007, the ‘Responsible Person’ shall ensure that an existing or new lift undergoes a thorough examination by an ACAB.

3.2. As per legal notice LN 231 of 2007, the ‘Responsible Person’ shall submit both existing and new lifts for preventive inspection.

3.3. The ACAB shall be selected by the ‘Responsible Person’ from a list of authorised conformity assessment bodies provided by MCCAA.

3.4. The request for service shall be done by phone or e-mail as given in the contact details below.

3.5. The organization shall issue the invoice with the inspection report.

3.6. The invoice shall be addressed to the ‘Responsible Person’. In case the ‘Responsible Person’ engages a maintenance contractor to ensure inspections are done, the invoice shall be submitted to the maintenance contractor. However, in the subsequent invoice between the maintenance contractor and the ‘Responsible Person’, the inspection fee shall be clearly written as a separate invoice line item.

4. Periodic Service

4.1. It is the responsibility of the ‘Responsible Person’ to notify us for next periodic inspection/examination.

4.2. The organization may from time to time notify the ‘Responsible Person’ about the next due periodic inspection/examination.

5. Data and Information on the customers and inspections

5.1. The organization shall abide with the established GDPR policy with regards to personal information collected for inspection purposes.

5.2. This policy is available on the website (www.qualitymalta.com).

5.3. The organization shall maintain a database containing data and information on the customers and on the lifts inspections.

5.4. The data and information collected shall be treated with confidentiality (Refer to the confidentiality clause)

6. Impartiality and Independence

The organization is committed to impartiality and independence of its lifts inspections service. This commitment has been established in the organization’s quality policy (QP01) that is available on the website. (www.qualitymalta.com)

7. Reporting obligations

7.1. The reporting obligations are defined in the legal notice LN 231 of 2007.

7.2. A copy of the inspection report shall be sent to the ‘Responsible Person’ as per LN 231 of 2007.

7.3. In case, a request for service is done in conjunction with a maintenance contractor, a further copy of the report will also be forwarded to the maintenance contractor.

7.4. In the event of imminent risk of serious personal injury, the organization shall send a copy of section B of the inspection report to MCCAA and OHSA (as per LN 231 of 2007) within 48 hours.

7.5. The ‘Responsible Person’ shall submit a copy of the report to the authorities as established in the legal notice.

8. Confidentiality

8.1. The organization ensures that confidentiality of data and information collected is maintained. All employees of S&A Quality Assurance Surveyors Ltd are bound by a confidentiality agreement established within the quality management system.

8.2. The organization is responsible to maintain confidential all information collected about the customers and the related lifts inspections except for information that customers make publicly available.

8.3. Customers shall be aware that lifts inspections data and information may be disclosed to third party entities namely the Accreditation Body (NAB-MALTA), regulatory entities (e.g. OHSA, MCCAA) or when required by law. In other cases where disclosure is required, the organization shall notify the customers about the disclosure beforehand and a written consent shall be obtained.

8.4. The organization ensures that sources of information about the customers that do not originate from them are treated as confidential. These sources may originate from complainants or from the regulators. Top management is also committed to apply all legal commitments defined in the GDPR. Commitment has been established in policy QP02.

9. Appeals and Complaints

The organization has established an appeals and complaints procedure QS-P09. This is publicly available on the website.

10. Changes to the Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Us

If you have any questions about these Terms, please contact below.

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